How can I be at fault if I was stationary?

Mizzy171189

I am currently dealing with an insurance claim which I anticipated would be pretty straight forward. (How wrong was I).
I was travelling along a narrow lane and met a large tractor ( the lane claims to be unsuitable for large vehicles). I reversed back into the nearest gateway to allow him to pass me safely, and to my horror he scraped a large bolt off his tractor along the side of my car whilst passing. The bolt then got stuck inside the area under my fuel cap so I was attached to the tractor. He didn't stop and carried on with my car attached to him so I was being pulled out of the gate way on onto the road. I had to sound the horn to alert him to the fact he'd actually caused any damage! Luckily for me I had a witness who was travelling behind the tractor who saw it all unfold. I got her details and she said I was stationary at the time and the tractor was at fault.

Anyway to cut a long story short, the third party is stating I am partly to blame for this incident and I should take 50% responsibility. I am gobsmacked they are actually saying this. Apparently my car was sticking out when I was parked in the gateway but surely if this was the case (I have photos to prove otherwise) he'd still be at fault for proceeding if he anticipated damaging my car.! Does anybody have a similar experience or any advice? I'm absolutely fuming they are trying to place the blame at my feet.:mad:

[Deleted User]

That's the normal response from the other party - that you were fully or equally to blame.

Nothing to get upset about at this stage.

csgohan4

If you have photos, they won't have a case if they show you have allowed them space. It's part of the investigative process of the insurers.

OnanTheBarbarian

Just crack on if you have a statement from the independent witness who supports your account of it.

rs65

Mizzy171189 wrote: »

Apparently my car was sticking out when I was parked in the gateway but surely if this was the case (I have photos to prove otherwise) he'd still be at fault for proceeding if he anticipated damaging my car.!

Stand your ground - they are trying it on.

ps If you were pulled out the gateway, how do you have photos to prove where you were before he hit you?

phuthao204

Stand your ground - they are trying it on

lisyloo

Don't take it personally.
This may well not be him at all and probably his insurer.
They want you to cave to reduce their costs.
Just stick to the facts as you have right on your side.
As you have an independent witness then your case appears pretty strong to me.

Mizzy171189

Rs65 sorry I should clarify. I don't have a photo of my car in the gateway prior to the accident but I have photos of the tyre marks and they show how far out of the gateway I was dragged.

Sunblind_Duck

This is one reason I have a dash cam. It can save an awful lot of contention in cases like this. You can buy one at Argos for as little as £40. Plugs into the cigarette lighter socket. The earlier posters are correct, though. I don't think I've had a 'no-blame' claim where the other insurance company has not tried to blame me.